In re Cribbs
May
02
2008
Ruling
Debtors' good faith attempt to use 401(k) loan to repay debts was a special circumstance rebutting presumption of abuse.
Procedural posture
The U.S. Trustee (UST) filed a motion to dismiss debtors' chapter 7 case under the provisions of 11 U.S.C.S. § 707(b) which provided in relevant part that a case could be dismissed if a court found that the granting of chapter 7 relief would be an abuse of the provisions of the chapter.
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Court
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